{"id":"wittenoom-closure-act-2022","name":"Wittenoom Closure Act 2022","slug":"wittenoom-closure-act-2022","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":113037,"registerId":"wa-wittenoom-closure-act-2022-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Wittenoom Closure Act 2022","content":"![Crest]()Western Australia\n\nWittenoom Closure Act 2022\n\nWestern Australia\n\nWittenoom Closure Act 2022\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\n4. Purpose of Act 2\n\n5. Act binds Crown 3\n\nPart 2 — Compulsory acquisition of Wittenoom land\n\n6. Wittenoom land may be taken under LA Act Pt. 9 4\n\n7. Application of LA Act Pt. 9 4\n\n8. Notice of intention in relation to Wittenoom land 5\n\n9. Taking order in relation to Wittenoom land 5\n\n10. Disclosure under *Contaminated Sites Act 2003* s. 68 not required 6\n\nPart 3 — Compensation\n\n11. No compensation except as provided in this Part 7\n\n12. Compensation for fee simple in Wittenoom land 7\n\n13. Apportionment of rates and taxes 7\n\n14. Payment of compensation 8\n\nSchedule 1 — Wittenoom land\n\nNotes\n\nCompilation table 11\n\nDefined terms\n\n  \n\nWestern Australia\n\nWittenoom Closure Act 2022\n\nAn Act to facilitate the closure of the former townsite of Wittenoom by providing for the compulsory acquisition of land, and for related purposes.\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Wittenoom Closure Act 2022*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) Part 1 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on the day after that day.\n\n##### 3. Terms used\n\nIn this Act —\n\ndate of taking has the meaning given in the LA Act section 151(1);\n\nformer principal proprietor, in relation to Wittenoom land taken under the authority of section 6(1), has the meaning given in section 12(1);\n\nLA Act means the *Land Administration Act 1997*;\n\nMinister has the meaning given in the LA Act section 3(1);\n\nnative title rights and interests has the meaning given in the LA Act section 151(1);\n\nnotice of intention has the meaning given in the LA Act section 151(1);\n\nregistered, in relation to a notice of intention, means registered under the LA Act section 170;\n\nWittenoom land means land comprised in any lot specified in Schedule 1.\n\n##### 4. Purpose of Act\n\n(1) The purpose of this Act is to facilitate the closure of the former townsite of Wittenoom.\n\n(2) The purpose is to be achieved by providing for land to be compulsorily acquired under the LA Act Part 9.\n\n##### 5. Act binds Crown\n\nThis Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\n## Part 2 — Compulsory acquisition of Wittenoom land\n\n##### 6. Wittenoom land may be taken under LA Act Pt. 9\n\n(1) Wittenoom land may be taken under the LA Act Part 9 for the purposes of this Act as if for a public work as defined in the *Public Works Act 1902* section 2.\n\n(2) However, subsection (1) does not authorise the taking of the following interests in Wittenoom land under the LA Act Part 9 —\n\n(a) native title rights and interests;\n\n(b) rights referred to in the LA Act section 164(1)(a) to (c).\n\n[Section 6 amended: No. 4 of 2023 s. 151.]\n\n##### 7. Application of LA Act Pt. 9\n\n(1) For the purposes of the LA Act Part 9, the Minister is taken to be the acquiring authority.\n\n(2) In applying the LA Act Part 9 to, or in relation to, the taking of Wittenoom land under the authority of section 6(1) —\n\n(a) the LA Act sections 168(1)(b) and (2), 170, 171, 175, 176, 177(1)(b), 181, 186(3)(b) and 189 to 191 do not apply; and\n\n(b) the LA Act section 169(1) is to be read as if “, or may provide for it to be assessed as if for compensation under Part 10” were deleted; and\n\n(c) the LA Act section 177(5) is to be read as if —\n\n(i) in paragraph (c) “together with forms for the claiming of compensation under Part 10 to be served on each proprietor and each occupier of the land and each holder of any mining, petroleum or geothermal energy rights in the land, or such of them as can with reasonable diligence be ascertained at the time of the making of the order,” were deleted and replaced with “to be served on the principal proprietor of the land,”; and\n\n(ii) in paragraph (d) “persons mentioned in paragraph (c) of the procedures under Part 10 for compensation for interests taken, unless they have already been given that advice.” were deleted and replaced with “principal proprietor of the land of the entitlement under the *Wittenoom Closure Act 2022* Part 3 to compensation for the fee simple in the land.”;\n\nand\n\n(d) the LA Act section 179(b) is to be read as if “such an interest has that holding converted into a claim for compensation under Part 10;” were deleted and replaced with “the interest in fee simple in the land has that holding converted into an entitlement to compensation under the *Wittenoom Closure Act 2022* Part 3;”; and\n\n(e) the LA Act Part 9 otherwise applies with any necessary changes.\n\n##### 8. Notice of intention in relation to Wittenoom land\n\nFor the purposes of the LA Act sections 177 and 184(1) and (2), a notice of intention is taken to be registered in relation to Wittenoom land.\n\n##### 9. Taking order in relation to Wittenoom land\n\nA taking order in relation to Wittenoom land may be made under the LA Act section 177 as if it were consistent with a notice of intention registered in relation to the land.\n\n##### 10. Disclosure under *Contaminated Sites Act 2003* s. 68 not required\n\nAn owner of Wittenoom land is not required to comply with the *Contaminated Sites Act 2003* section 68(1) in relation to an agreement under the LA Act section 168(1)(a) to purchase the fee simple in the land.\n\n## Part 3 — Compensation\n\n##### 11. No compensation except as provided in this Part\n\n(1) The LA Act Part 10 does not apply to, or in relation to, the taking of Wittenoom land under the authority of section 6(1).\n\n(2) Except as provided in this Part, a person who has an interest in Wittenoom land taken under the authority of section 6(1) is not entitled to any compensation for the interest.\n\n##### 12. Compensation for fee simple in Wittenoom land\n\n(1) If Wittenoom land is taken under the authority of section 6(1), the holder of the fee simple in the land immediately before it is taken (the former principal proprietor) is entitled to compensation for the fee simple from the Minister.\n\n(2) The amount of compensation payable to a former principal proprietor of Wittenoom land for the fee simple in the land is —\n\n(a) if the land is comprised in the lot specified in Schedule 1 item 1 —\n\n(i) $325 000; and\n\n(ii) to compensate for the taking of the fee simple without agreement and the former principal proprietor’s removal expenses — $50 000;\n\nor\n\n(b) if the land is comprised in the lot specified in Schedule 1 item 2, 3, 4, 5, 6, 7, 8 or 9 — $65 000; or\n\n(c) if the land is comprised in a lot specified in Schedule 1 item 10 or 11 — $30 000.\n\n##### 13. Apportionment of rates and taxes\n\n(1) If Wittenoom land taken under the authority of section 6(1) is not occupied by, on behalf of or through the former principal proprietor of the land on the date of taking, all rates and taxes that, under the provisions of any Act, are a charge on the land and are payable or paid by the former principal proprietor must be apportioned between the former principal proprietor and the Minister as at that date.\n\n(2) If the Wittenoom land is occupied by, on behalf of or through the former principal proprietor of the land on the date of taking, the rates and taxes referred to in subsection (1) must be apportioned between the former principal proprietor and the Minister as at the date when —\n\n(a) possession is given up by the former principal proprietor to the Minister; or\n\n(b) by agreement with the Minister, the former principal proprietor ceases to be responsible for the payment of rates and taxes.\n\n(3) On the apportionment of rates and taxes under subsection (1) —\n\n(a) the aggregate amount, if any, due by the former principal proprietor as rates and taxes at the date as at which the rates and taxes are required to be apportioned, if not paid by the former principal proprietor, must be deducted from the amount of the compensation payable to the former principal proprietor under this Part; and\n\n(b) the aggregate amount, if any, paid by the former principal proprietor as rates and taxes in respect of any period subsequent to the date as at which the rates and taxes are required to be apportioned, must be added to the amount of compensation payable to the former principal proprietor under this Part.\n\n##### 14. Payment of compensation\n\n(1) The Minister must pay a person who is entitled to compensation the amount of compensation payable to the person under this Part.\n\n(2) Despite subsection (1), the Minister is not required to pay compensation to a person (other than compensation payable under section 12(2)(a)(ii)) if the person has not given up possession of all Wittenoom land in respect of which the person is entitled to compensation.\n\nSchedule 1 — Wittenoom land\n\n[s. 3]\n\n1. Lot 193 on Deposited Plan 206101 being the whole of the land comprised in certificate of title Volume 2011 Folio 615\n\n2. Lot 195 on Deposited Plan 206101 being the whole of the land comprised in certificate of title Volume 1632 Folio 81\n\n3. Lot 201 on Deposited Plan 206101 being the whole of the land comprised in certificate of title Volume 1331 Folio 974\n\n4. Lot 208 on Deposited Plan 206101 being the whole of the land comprised in certificate of title Volume 530 Folio 198A\n\n5. Lot 220 on Deposited Plan 206101 being the part of the land comprised in certificate of title Volume 1672 Folio 443\n\n6. Lot 270 on Deposited Plan 206101 being the whole of the land comprised in certificate of title Volume 1322 Folio 674\n\n7. Lot 271 on Deposited Plan 206101 being the whole of the land comprised in certificate of title Volume 1776 Folio 29\n\n8. Lot 272 on Deposited Plan 206101 being the whole of the land comprised in certificate of title Volume 1776 Folio 30\n\n9. Lot 274 on Deposited Plan 206101 being the whole of the land comprised in certificate of title Volume 1353 Folio 253\n\n10. Lots 196 and 197 on Deposited Plan 206101 being the whole of the land comprised in certificate of title Volume 2011 Folio 616\n\n11. Lots 217, 218 and 219 on Deposited Plan 206101 being part of the land comprised in certificate of title Volume 1672 Folio 443\n\n![]()\n\nNotes\n\nThis is a compilation of the *Wittenoom Closure Act 2022* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Wittenoom Closure Act 2022* | 6 of 2022 | 29 Mar 2022 | Pt. 1: 29 Mar 2022 (see s. 2(a));   Act other than Pt. 1: 30 Mar 2022 (see s. 2(b)) |\n| *Land and Public Works Legislation Amendment Act 2023* Pt. 4 Div. 13 | 4 of 2023 | 24 Mar 2023 | 10 Aug 2023 (see s. 2(b) and SL 2023/132 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ndate of taking 3\n\nformer principal proprietor 3, 12(1)\n\nLA Act 3\n\nMinister 3\n\nnative title rights and interests 3\n\nnotice of intention 3\n\nregistered 3\n\nWittenoom land 3\n\n© State of Western Australia 2023.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2023.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient content was available to assess whether the Act's scope diverged from its original intent. The page returned a 'no longer available' error, providing only the Act's title and no substantive legislative text."},"complexity_factors":["Full legislative text was not retrievable — analysis is based on title only","Wittenoom matters typically involve intersecting areas of law: public health, property rights, environmental contamination, and Crown land administration","Potential complexity around compensation or compulsory acquisition of remaining private interests","Historical and ongoing asbestos liability issues may add regulatory layering"],"plain_english_summary":"The Wittenoom Closure Act 2022 is a Western Australian law that formalises the closure and management of the contaminated former town of Wittenoom. It affects former residents, land users and government agencies by imposing measures to restrict access and manage public safety, land status and ongoing health and liability concerns tied to historic blue asbestos contamination."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act changes the default scope and procedures that would apply under the Land Administration Act by: excluding Part 10 compensation processes and substituting a narrow, statutory compensation scheme confined to former fee‑simple proprietors (s 11–12); modifying procedural protections and notice/registration rules for Part 9 takings (ss 7–9); excluding certain interests (including native title) from being taken (s 6(2)); and prescribing apportionment and payment mechanics for rates, taxes and possession (ss 13–14)."},"complexity_factors":["Targeted amendment of procedural application of Land Administration Act Part 9 (modifications to multiple sections) which requires careful cross‑reading (s 7).","Express exclusion of Land Administration Act Part 10 compensation routes and a narrow compensation regime limited to fee simple holders (ss 11–12).","Statutory, lot‑specific fixed compensation amounts (s 12) that replace market valuation processes, creating distributional and evidentiary issues.","Exclusion from compulsory taking of native title rights and certain other rights, requiring identification of unaffected interests (s 6(2)).","Procedural deeming (notice taken as registered; taking orders treated as consistent) altering ordinary notice and challenge opportunities (ss 8–9).","Payment conditions and offsets for rates/taxes, including deduction/addition mechanics and possession condition for payment, create administrative steps and timing risks (ss 13–14).","Removal of contaminated‑sites disclosure obligation for owners in specified purchase agreements may affect transactional risk allocation (s 10).","Limited scope (specific lots listed in Schedule 1) reduces breadth but increases importance of accurate land and title identification (Schedule 1)."],"plain_english_summary":"This Act lets the Minister compulsorily acquire the fee simple in specified lots that make up the former Wittenoom townsite and provides for closure of the site by applying Part 9 of the Land Administration Act with tailored modifications (ss 4, 6–9). Only former fee-simple proprietors receive fixed, statutory compensation amounts by lot (s 12); other interests are excluded from compensation (s 11). The Minister pays compensation, may apportion rates and taxes against payments, and owners need not give a Contaminated Sites Act s.68 disclosure for purchase agreements (ss 13–14, 10)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: the compulsory acquisition of specific contaminated land in Wittenoom. The 2023 amendment (referenced in section 6) appears to be a technical amendment to the Land Administration Act that flows through to this Act, rather than an expansion of scope. The Act has not grown beyond facilitating the closure of the Wittenoom townsite through land acquisition and fixed compensation."},"complexity_factors":["Heavy reliance on external legislation: The Act modifies the application of the Land Administration Act 1997 (LA Act) Part 9 and Part 10, requiring readers to cross-reference multiple sections of that Act to understand the procedural mechanics","Selective disapplication of statutory provisions: Section 7(2) lists 9 specific sections of the LA Act that don't apply, and rewrites 3 other sections with 'as if' modifications, creating a patchwork application","Nested conditional logic in compensation: Section 12 uses a tiered structure (if Lot 1, then X; if Lots 2-9, then Y; if Lots 10-11, then Z) with an additional conditional amount for removal expenses only applicable to Lot 1","Defined terms with circular or external references: Terms like 'former principal proprietor' are defined by reference to other provisions (section 12(1)), and most key terms point to definitions in the LA Act rather than being self-contained","Interaction with native title law: Section 6(2) creates an explicit carve-out for native title rights and interests, requiring understanding of both land acquisition and native title frameworks","Conditional payment triggers: Section 14(2) creates an exception to the payment obligation (possession must be given up first), and section 13 creates apportionment rules contingent on occupancy status at the date of taking"],"plain_english_summary":"**What this law does:**\n\nThis law allows the Western Australian government to forcibly buy back (compulsorily acquire) all privately owned land in the abandoned town of Wittenoom — a place so contaminated with asbestos that it has been officially declared uninhabitable.\n\n**Who it affects:**\n\n*   **Landowners in Wittenoom:** Anyone who still holds the freehold title (fee simple) to land listed in Schedule 1 of the Act. There are 11 specific lots covered.\n*   **The State:** The Minister for Lands becomes the \"acquiring authority\" who takes possession of the land.\n*   **Native title holders:** Importantly, the law explicitly does **not** affect native title rights and interests. It only targets freehold (private) ownership.\n\n**Why it matters:**\n\nWittenoom was a blue asbestos mining town that operated from the 1940s to 1966. The contamination is so severe that the area has been progressively evacuated and de-gazetted as a townsite. This law is the final legal mechanism to clear out the last remaining private landowners so the area can be fully closed, remediated where possible, and prevent further deaths from asbestos-related diseases.\n\n**Key features:**\n\n*   **Forced acquisition:** The government can take the land without the owner's consent, treating it as if it were for a \"public work.\"\n*   **Fixed compensation:** Instead of market value (which would be essentially zero given the contamination), the Act sets fixed amounts:\n    *   **$325,000** plus **$50,000** for removal expenses for the main residential lot (Lot 193)\n    *   **$65,000** for lots 2–9\n    *   **$30,000** for lots 10–11\n*   **No other compensation:** Landowners cannot claim for business losses, emotional distress, or other damages. They also cannot use the standard compensation procedures in the Land Administration Act.\n*   **Rates and taxes:** Any outstanding council rates or taxes are deducted from the compensation payment, or refunds added if overpaid.\n*   **No contamination disclosure:** Normally, sellers must disclose contamination to buyers. This law exempts the government from that requirement when negotiating voluntary purchases before compulsory acquisition kicks in."}},"importantCases":[],"_links":{"self":"/api/acts/wittenoom-closure-act-2022","history":"/api/acts/wittenoom-closure-act-2022/history","analysis":"/api/acts/wittenoom-closure-act-2022/analysis","conflicts":"/api/acts/wittenoom-closure-act-2022/conflicts","importantCases":"/api/acts/wittenoom-closure-act-2022/important-cases","documents":"/api/acts/wittenoom-closure-act-2022/documents"}}